Lasting Powers of Attorney

7th Sep 2009

ELDERLY people in the North East are being urged to consider taking legal action that allows others to act on their behalf in the event that they suffer mental problems in the future.

Lasting powers of attorney (LPA) were introduced nearly two years ago, giving family members or other trusted individuals the power to make vital decisions on behalf of someone who has lost their mental capacity.

 

But in the light of recent cases where social services departments have stepped in to decide important issues in people’s lives, leading North East legal firm BHP Law is encouraging more people to seek advice now.

 

An LPA allows people to appoint someone as an attorney to make decisions about their property and financial matters, as well as health and welfare issues.

 

These could include determining where somebody should live and considering what kind of medical treatment they should receive, as part of a personal and welfare LPA, or paying bills and managing bank accounts, under a property and affairs LPA.

 

Without such important documents in force, health and social services chiefs can make decisions on behalf of people if they believe they lack mental capacity – and the authorities would not be obliged to adhere to family wishes.

 

Both types of LPA would need to be registered with the courts, but the personal welfare document can only be used once a person lacks the mental capacity to make decisions on their own.

 

Helen Biglin, a partner at BHP Law said: “The LPAs are extremely powerful legal documents that may prove invaluable in later life.

 

“There have been recent instances of health and social care authorities making decisions about the lives of elderly people, without any input from their families, because LPAs were not in place.

 

“People planning for the future should carefully consider their choice of attorney, as this person may have to take absolutely crucial decisions in their interests.

 

“We would urge anyone making such plans to seek expert, professional advice to guide them through the process.”